leave rules - view

8/16/2019 Leave Rules - View

http://slidepdf.com/reader/full/leave-rules-view 1/17

GOVERNMENT OF MADHYA PRADESH

FINANCE DEPARTMENT

The Madhya Pradesh Civil Services (Leave) Rules, 1977

Index

Rule Subject

CHAPTER I- PRELIMINARY

1 Short title and commencement

2 Extent of application

3 Definitions

4 Government servants on temporary transfer or on foreign service

5 Transfer from services or posts governed by other leave rules

CHAPTER II- GENERAL CONDITIONS

6 Right to leave

7 Regulation of claim to leave

8 Effect of dismissal, removal or resignation on leave at credit

9 Commutation of one kind of leave into another

10 Combination of different kinds of leave

11 Maximum amount of absence from duty

12 Acceptance of service or employment while on leave

CHAPTER III-GRANT OF AND RETURN FROM LEAVE

13 Application for leave

14 Leave account

15 Verification of title to leave

16 Leave not to be granted in certain circumstances

17 Grant of leave on medical certificate to a Government servant

18 Leave to a Government servant who is unlikely to be fit to return to duty

19 Commencement and termination of leave

20 Combination of holidays with leave

21 Intimation of leave at credit

22 Recall to duty before expiry of leave

23 Return from leave

24 Absence after expiry of leave

CHAPTER IV-KINDS OF LEAVE DUE AND ADMISSIBLE

25 Earned leave for Government servant serving in Departments other than Vacation Department

26 Calculation of earned leave in respect of newly appointed Government servants etc.

27 Earned leave for persons serving in Vacation Department

28 Half pay leave

29 Commuted leave

30 Leave not due

31 Extraordinary leave

32 Leave to probationer, a person on probation and an apprentice

33 Leave preparatory to retirement

34 Leave beyond the date of retirement

35 Leave or extension of leave to a Government servant who is medically pronounced to be completely and permanently incapacitated for further

service

36 Leave salary37 Drawal of leave salary

CHAPTER V-SPECIAL K INDS OF LEAVE OTHER THAN STUDY LEAVE

38 Maternity leave

39 Special disability leave for injury intentionally inflicted

40 Special disability leave for accidental injury

40-A Power to grant special disability leave

41 Power to grant leave other than special disability leave and study leave

CHAPTER VI-STUDY LEAVE

42 Conditions for grant of study leave

43 Authorities competent to sanction study leave

44 Maximum amount of study leave that may be granted at a time and during the entire service



45 Combination of study leave with leave of other kinds

46 Regulation of study leave extending beyond course of study

47 Admissibility of allowances in addition to leave salary

48 Grant of travelling allowance

50 Execution of bond

51 Resignation and retirement

52 Leave salary during the study leave

53 Counting of study leave for promotion, pension, seniority, leave and increments

54 Debiting of study leave to the leave account

55 Application for study leave

CHAPTER VII-MISCELLANEOUS

56 Interpretation

58 Repeal and savings

FORMS

Back

GOVERNMENT OF MADHYA PRADESH

FINANCE DEPARTMENT

Bhopal, the 4th August 1977.

No. 650/989/77/R-1/IV.- In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Madhya

Pradesh, hereby makes the following rules, namely:-

CHAPTER I - PRELIMINARY

1 . Sh o r t t i t l e a n d c o mm e n c e m e n t . - (1) These rules may be called the Madhya Pradesh Civil Services (Leave) Rules, 1977.

(2) They shall come into force on the 1st day of October, 1977.

2 . E x t e n t o f a p p l i c at i o n . - (1) Save as otherwise provided in these rules, these rules shall apply to all Government servants who are in service on

the date of coming into force of these rules and who are appointed to the civil services and posts in connection with the affairs of the State, but

shall not apply to:-

(a) Persons in casual or daily rated or part time employment;

(b) Persons paid from contingencies;

(c) Persons employed on work-charged establishments;

(d) Persons employed on contract except when the contract provides otherwise;

(e) Persons in respect of whom special provisions have been made by or under the provision of the

Constitution or any other law for the time being in force;

(f) Persons serving under a State Government Department on deputation from the Central Government or

any other source, for a limited duration;

(g) Members of the All India Services.

(2) (a) Those allocated Government servants, permanent or temporary, who have opted to retain the leave

rules applicable to them immediately before 1st November, 1956, may elect to continue to be governed by

those rules, if they wish to retain the same or may come over to these rules.

(b) The option under sub-rule (a) shall be exercised by an allocated Government servant within three months

from the date of publication of these rules. The option once exercised shall be final and if it is not exercised

within the prescribed period, the Government servant shall automatically be governed by these rules from

the date of coming into force of these rules.

3 . D e f i n i t i o n s .- (1) In these rules, unless the context otherwise requires:-

(a) "Allocated Government servant" means a person in the service of a former State allocated or deemed

to have been allotted to serve the State of Madhya Pradesh, under the provisions of section 115 of the

States Reorganisation Act, 1956, and continued in the service of the new State;



(b) "Completed year of service" or "One year's continuous service" means continuous service of

specified duration under the State Government and includes the period spent on duty as well as on leave

including extra-ordinary leave;

(c) "Date of retirement" or "Date of his retirement" in relation to a Government servant means the after

noon of the last day of the month in which the Government Servant attains the age prescribed for retirement

under the terms and conditions governing his service;

(d) "Foreign service" means service in which a Government servant receives his pay with the sanction of

Government from any source other than the Consolidated Fund of India or the Consolidated Fund of any

State or the Consolidated Fund of a Union Territory;

(e) "Form" means a form appended to these rules;

(f) "Government servant in quasi-permanent employ" means a Government servant who may be

declared or deemed to be as Quasi-permanent under the M.P. Government servants (Temporary and Quasi-

permanent Service) Rules, 1960;

(g) "Government servant in permanent employ" means a Government servant who holds substantively or

provisionally substantively a permanent post or who holds a lien on a permanent post or who would have

held a lien on permanent post had the lien not been suspended;

(h) "Vacation Department" means a department or part of a department to which regular vacations are

allowed during which Government servants serving in the department are permitted to be absent from duty.

(2) Words and expressions used herein and not defined but defined in Fundamental Rules shall have the meanings respectively assigned to them in

Fundamental Rules.

4 . Go v e r n m e n t s e r v an t s o n t e m p o r a r y t r a n s f er o r o n fo r e i g n s e r v ic e .- (1) Government servants to whom these rules apply shall continue to

be governed by these rules while on temporary transfer to Central Government or while on foreign service within India.

(2) In the case of Government servants on foreign service outside India (including service with U.N. agencies within or outside India) or on

temporary transfer to the Armed Force of the Union, these rules shall apply only to the extent provided in the terms and conditions of foreign

service or temporary transfer, as the case may be.

5 . T r a n sf e r f r o m s e r v ic e s o r p o s t s g o v e r n e d b y o t h e r L e a v e Ru l e s. - Unless it be otherwise provided in these rules, a Permanent Government

servant to whom these rules do not apply :-

(a) when transferred temporarily to a service or post to which these rules apply, shall remain subject to the

leave rules which were applicable to him before such transfer; and

(b)when appointed substantively to a permanent post to which these rules apply, shall become subject tothese rules from the date of such appointment, in which case the leave at his credit under the rules

previously applicable to him shall be carried forward subject to the maximum limits of accumulation as laid

down in rule 25. The leave so carried forward shall first be exhausted before the leave earned under these

rules is availed of. The leave salary in respect of the leave carried forward shall be borne by the Department

or the Government from which the Government servant is transferred.

CHAPTER II - GENERAL CONDITIONS

6 . R ig h t t o l e a v e . - (1) Leave cannot be claimed as of right.

(2) When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but itshall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government servant.

7 . R e g u l a t i o n o f c l a i m t o l e a v e . - A Government servant's claim to leave is regulated by the rules in force at the time the leave is applied for and

granted.

8 . Ef f e c t o f d i s m i s s al , r e m o v a l o r r e s i g n a t i o n o n l e a v e a t c r e d i t . - (1) Any claim to leave to the credit of a Government servant, who is

dismissed or removed or who resigns from Government service, ceases from the date of such dismissal or removal or resignation.

(2) Where a Government servant applies for another post under the State Government but outside his parent office or department and if such

application is forwarded through proper channel and the applicant is required to resign his post before taking up the new one, such resignation shall

not result in the lapse of the leave to his credit.

(3) A Government servant, who is dismissed or removed from service and is reinstated on appeal or revision, shall be entitled to count for leave his



service prior to dismissal or removal, as the case may be.

(4) A Government servant, who having retired on compensation or invalid pension or gratuity is re-employed and allowed to count his past service

for pension, shall be entitled to count his former service towards leave.

9 . C o mm u t a t i o n o f o n e k i n d o f l e av e in t o an o t h e r . - (1) At the request of a Government servant the authority which granted him leave may

commute it retrospectively into leave of a different kind which was due and admissible to him when leave was granted, but the Government servant

cannot claim such commutation as a matter of right.

(2) The commutation of one kind of leave into another shall be subject to adjustment of leave salary on the basis of leave finally granted to the

Government servant, that is to say, any amount paid to him in excess, shall be recovered or any arrears due to him shall be paid.

Note.- Extraordinary leave granted on medical certificate or otherwise may be commuted retrospectively into leave not due subject

to the provisions of rule 30.

1 0 . Co m b i n a t io n o f d i f fe r e n t k i n d s o f l e av e . - Except as otherwise provided in these rules, any kind of leave under these rules may be granted in

combination with or in continuation of any other kind of leave.

Explanation.- Casual leave which is not recognised as leave under these rules shall not be combined with any other

kind of leave admissible under these rules.

1 1 . M a x im u m p e r io d o f a b se n ce f r o m d u t y .- No Government servant shall be granted leave of any kind of a continuous period exceeding five

years.

( S u b s t it u t e d b y F .D . N o t i f i ca t i o n N o . G - 3 / 1 / 9 6 / C/ I V d a t e d 2 9 . 2 .9 6 )

1 2 . A c ce p t a n c e o f s e r v ic e o r e m p l o y m e n t w h i l e o n l e av e . - (1) A Government servant (other than a Government servant who has been

permitted a limited private practice or who has been permitted to under-take casual literary work or service as an examiner or similar employment)while on leave, including leave preparatory to retirement or leave granted beyond the date of retirement shall not take up any service or

employment elsewhere, including the setting up of a private professional practice as Accountant, consultant or legal or medical practitioner without

obtaining the previous sanction of-

(a) The Governor, if the proposed service or employment lies elsewhere than in India; or

(b) the authority, empowered to appoint him, if the proposed service or employment lies in India.

(2) No Government servant while on leave, other than leave preparatory to retirement or leave granted beyond the date of retirement, shall

ordinarily be permitted to take up any other service or employment.

(3) No Government servant while on leave preparatory to retirement shall be permitted to take up private employment. If, however, a Government

servant on leave preparatory to retirement is permitted to take up employment under any local authority or a Corporation or Company wholly or

substantially owned or controlled by the State Government, or a body controlled or financed by the State Government, the leave and the

employment shall run concurrently and he shall be paid leave salary in addition to his pay on such employment.

(4) (a) In case a Government servant who has proceeded on leave preparatory to retirement is required,

before the date of retirement, for employment during such leave in any post under the State Government in

or out side India, the unexpired portion of the leave from the date of rejoining shall be cancelled.

(b) The leave so cancelled under clause (a) above shall be treated as leave refused and subject to the

provisions of rule 34 it may be granted from the date of retirement of the Government servant.

(c) No leave shall be earned in respect of any period of employment during leave preparatory to retirement.

(5) Where a Government servant is on leave beyond the date of retirement as provided in rule 34 and is employed during such leave in any post

under the State Government or under a local body his leave shall run concurrently with such employment, and he shall be paid leave salary in

addition to his pay on such employment.

(6) In cases covered by sub-rule (3) and (5) the Government servant shall also be granted dearness and compensatory allowances, if any,admissible on the basis of pay. These allowances will neither be admissible on leave salary, nor will the leave salary taken into account in

calculating the allowances.

CHAPTER III - GRANT OF AND RETURN FROM LEAVE

1 3 . A p p l i ca t i o n f o r l e a v e . - (1) An application for leave or for an extension of leave must be made to the authority competent to grant such leave

or extension in Form 1.



(2) Applications for leave on grounds other than ill health should be made at least three weeks before such date. This limit would, however, be six

weeks if the leave applied for is preparatory to retirement. The authority competent to grant leave may accept belated application at its discretion.

1 4 . L e a v e a c c o u n t . - A leave account shall be maintained in Form 2 for each Government servant by the Head of Office.

1 5 . V e r i f i c a t i o n o f t i t l e t o l e a v e . - No leave shall be granted to a Government servant until a report regarding its admissibility has been obtained

from the authority maintaining the leave account.

1 6 . L e a v e n o t t o b e g r a n t e d i n c e r t a in c ir c u m s t a n c e s . - Leave shall not be granted to a Government servant whom a competent punishing

authority has decided to dismiss, remove or compulsorily retire from Government service.

1 7 . G r a n t o f l e a v e o n M e d i c a l Ce r t i f i c a t e t o G o v e r n m e n t s e r v a n t . - [(1) An application for leave on medical certificate, made by a Government

servant, shall be accompanied by a medical certificate in Form 3 given by an Authorised Medical Attendant or a Registered Medical Practitioner,

defining as clearly as possible the nature and probable duration of the illness. Such application shall be submitted, as far as possible, prior to or

simultaneously with the commencement of the period for which leave is applied:

Provided that, in exceptional circumstances where it is not reasonably practicable for the Government servant to submit an application within the

aforementioned time limit, it may be submitted not later than 7 days from the date of commencement of the period of leave applied for:

Provided further that, in exceptional circumstances, where the authority competent to sanction leave is satisfied that it was not reasonably

practicable for the Government servant to submit the required medical certificate along with his application for leave, it may, at its discretion,

condone a delay of not more than 7 days, counted from the date of commencement of the period of leave applied for, in the submission of medical

certificate by such Government servant.]

( Su b s t it u t e d b y F.D . N o t i f i ca t io n N o . 1 1 8 / 2 3 0 6 / 8 5 / R - 1 / I V d a t e d 1 9 .3 . 86 )

(2) A Medical Officer shall not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the Government

servant concerned will ever be fit to resume his duties and in such case, the opinion that the Government servant is permanently unfit for

Government service shall be recorded in the Medical Certificate.

(3) The authority competent to grant leave may, at its discretion, secure a second medical opinion by requesting a Government Medical Officer not

below the rank of a Civil Surgeon or Staff Surgeon, to have the applicant medically examined on the earliest possible date.

(4) It shall be the duty of the Government Medical Officer referred to in sub-rule (3) to express an opinion both as regards the facts of the illness

and as regards the necessity for the amount of leave recommended and for that purpose he may either require the applicant to appear before

himself or before a medical officer nominated by himself.

(5) The grant of a medical certificate under this rule does not in itself confer upon the Government servant concerned any right to leave, the

medical certificate shall be forwarded to the authority competent to grant leave and orders of that authority awaited.

(6) The authority competent to grant leave may, at its discretion, waive the production of a medical certificate in case of an application for leave for

a period not exceeding [seven] days at a time. Such leave shall not, however, be treated as leave on medical certificate and shall be debited

against leave other than leave on medical grounds.

( Su b s t it u t e d f o r " t h r e e " b y F.D . N o t i f ic a t i on N o . 1 3 3 1 / 2 0 0 2 / 8 2 / R - 1 / I V d a t ed 1 1 . 1 0 .8 2 )

1 8 . L e a v e t o a G o v er n m e n t s e r v a n t w h o i s u n l ik e l y t o b e f i t t o r e t u r n t o d u t y . - (1) (a) When a medical authority has reported that there is no

reasonable prospect that the Government servant will ever be fit to return to duty, leave shall not necessarily be refused to such Government

servant.

(b) The leave may be granted, if due, by the authority competent to grant leave on the following conditions:-

(i) If the medical authority is unable to say with certainty that the Government servant will never

again be fit for service, leave not exceeding twelve months in all may be granted and such leave shall

not be extended without further reference to a medical authority;

(ii) If a Government servant is declared by a medical authority to be completely and permanently

incapacitated for further service, leave or an extension of leave may be granted to him after the

report of the medical authority has been received, provided the amount of leave as debited to theleave account together with any period of duty beyond the date of the report of the medical authority

does not exceed six months.

(2) A Government servant who is declared by a medical authority to be completely and permanently incapacitated for further service shall,-

(a) If he is on duty, be invalided from service from the date of relief of his duties, which should be arranged

without delay on receipt of the report of the medical authority, if however, he is granted leave under sub-rule

(1) he shall be invalided from service on the expiry of such leave.

(b) If he is already on leave, be invalided from service on the expiry of that leave or extension of leave, if

any, granted to him under sub-rule (1).

1 9 . C o mm e n c e m e n t a n d t e r m i n a t io n o f l e av e . - Except as provided in rule 20 leave ordinarily begins on the day on which the transfer of charge



s effected and ends on the day preceding that on which the charge is resumed.

2 0 . C o m b i n a t i o n o f h o l i d a y s w i t h l e a v e. - (1) Except in cases where for administrative reasons the leave sanctioning authority has specifically

withheld the permission for prefixing and/or suffixing holiday(s) to leave, when the day, immediately preceding the day on which a Government

servant's leave begins or immediately following the day on which his leave expires is holiday or one of a series of holidays the Government servant

can leave his station at the close of the day before, or return to it on the day following, such holiday or series of holidays.

(2) In the case of leave on medical certificate, if the day on which a Government servant is certified medically fit for re-joining duty happens to be

a holiday, the day shall be suffixed to his medical leave, and such day(s) shall not be counted as leave.

(3) If holidays are prefixed to leave, the leave and any consequent re-arrangement of pay and allowances take effect from the day after the

holidays.

(4) If holidays are suffixed to leave, the leave is treated as having terminated and any consequent re-arrangement of pay and allowances takes

effect from the day on which the leave would have ended if holidays had not been suffixed.

2 1 . I n t i m a t i o n o f L e a v e a t c r e d it . - The order sanctioning earned leave/half pay leave to a Government servant shall indicate the balance of such

eave at his credit.

2 2 . R e c al l t o d u t y b e f o r e e x p i r y o f l e a v e .- A Government servant while on leave if recalled to duty before expiry of the leave, he shall be

entitled:-

(a) If the leave from which he is recalled is in India, to be treated as on duty from the date on which he

starts for the station to which he is ordered, and to draw :-

(i) travelling allowance under rules made in this behalf for the journey; and

(ii) leave salary, until he joins his post, at the same rate at which he would have drawn it but

for recall to duty.

(b) If the leave from which he is recalled is out of India, to count the time spent on the voyage to India as

duty for purposes of calculating leave, and to receive-

(i) leave salary, during the voyage to India and for the period from the date of landing in

India to the date of joining his post, at the same rate at which he would have drawn it but

for recall to duty ;

(ii) a free passage to India;

(iii) refund of his passage from India if he has not completed half the period of his leave by

the date of leaving for India on recall, or three months, whichever is shorter;

(iv) travelling allowance, under the rules for the time being in force, for travel from the place

of landing in India to the place of duty.

2 3 . R et u r n f r o m l e av e . - (1) A Government servant on leave shall not return to duty before the expiry of the period of leave granted to him unless

he is permitted to do so by the authority which granted him leave.

(2) Notwithstanding anything contained in sub-rule (1), a Government servant on leave preparatory to retirement shall be precluded from returning

to duty, save with the consent of the authority competent to appoint him to the post from which he proceeded on leave preparatory to retirement.

(3) A Government servant who has taken leave on medical certificate may not return to duty until he has produced a medical certificate of fitness

n Form 4.

(4) (a) A Government servant returning from leave is not entitled, in the absence of specific orders to that

effect, to resume as a matter of course the post which he held before going on leave.

(b) Such Government servant shall report his return to duty to the authority which granted him leave or to

the authority, if any, specified in the order granting him leave and await orders.

Note.- A Government servant who has been suffering from tuberculosis may be allowed to resume duty on the basis of Fitness

Certificate which recommends light work for him.

2 4 . A b s e n ce a f t e r e x p i r y o f l e a v e . - (1) Unless the authority competent to grant leave extends the leave, Government servant who remains

absent after the end of leave is entitled to no leave salary for the period of such absence and that period shall be debited against his leave account

as though it were half pay leave to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.

(2) Wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.



CHAPTER IV - KINDS OF LEAVE DUE AND ADMISSIBLE

2 5 . Ea r n e d l e a v e f o r G o v e r n m e n t s e r v a n t s e r v in g i n D e p a r t m e n t s o t h e r t h a n v a c a t io n D e p a r t m e n t . - (1) (a) A Government servant who is

serving in a Department other than vacation Department shall be entitled to 30 days earned leave in every calendar year.

(b) The leave account of every Government servant shall be credited with earned leave in advance in two

instalments of 15 days each on 1st January and 1st July every year.

(c) The leave at the credit of a Government servant at the close of the previous half year shall be carried

forward to the next half year subject to the condition that the leave so carried forward plus the credit for the

half year do not exceed the maximum limit of [240] days.

(Substituted for "180" by F.D. Notification No. 6/1840/87/R-1/IV dated 4.1.88. effective from 1.7.87)

"Provided that where the earned leave at the credit of Government servant as on the last day of December or June is 240 days on less but more

than 225 days, the advance credit of 15 days earned leave on first day of January on July to be afforded in the manner indicated under clause (b)

shall instead of being credited in leave account be kept separately and first adjusted against the earned leave that the Government servant takes

during that half year and the balance, if any, shall be credited to the leave account at the close of the half year, subject to the condition that

balance of such earned leave plus leave already at credit do not exceed the maximum limit of 240 days/"

(d) [Deleted.]

( D e l e t e d b y F .D . N o t if i ca t i o n N o . G - 3 / 1 / 9 6 / C/ I V d a t e d 1 4 . 3 .9 6 )

(2) Subject to the provision of sub-rule (3) the maximum earned leave that may be granted at a time to a Government servant shall be 120 days.

(3) Earned leave may be granted to a Government servant exceeding a period of 120 days but not exceeding [240] days if the entire leave so

granted or any portion thereof is spent outside India, Bangladesh, Burma, Ceylon, Bhutan, Nepal and Pakistan:

(Substituted by F.D. Notification No. G-1/2/96/IV. dated 2nd June 1997)

Provided that where earned leave exceeding a period of 120 days is granted under this sub-rule the period of such leave spent in India shall not in

the aggregate exceed the aforesaid limit of 120 days.

2 6 . Ca lc u l a t io n o f e a r n e d l e a v e in r e s p e ct o f n e w l y a p p o in t e d G o v e r n m e n t s e r v an t s [ e t c . ] . - (1) Earned leave shall be credited to the leave

account of a newly appointed Government servant at the rate of 21/2 days for each completed calendar month of service which he is likely to

render in a half year of the calendar year in which he is appointed.

(Substituted for "and those resign or retire" by F.D.Notification No. G-3/1/96/C/IV dated 29.3.96)

(2) (a) The credit for the half year in which a Government servant is due to retire or resigns from theservice shall be afforded only at the rate of 21/2 days per completed calendar month up to the date of

retirement or resignation.

(b) When a Government servant is removed or dismissed from service or dies while in service, credit of

earned leave shall be allowed at the rate of 21/2 days per completed calendar month in which he is removed

or dismissed from service or dies in service.

(3) [If a Government servant has availed of extra-ordinary leave and/or some period of absence has been treated as 'dies-non' in a half year, the

credit to be afforded to his leave account, at the commencement of the next half year shall be reduced by 1/10th of the period of such leave

and/or dies-non, subject to a maximum of 15 days.]

(Substituted by F.D. Notification No. 1390/203/80/R-1/IV dated 27.10.80)

(4) While affording credit of earned leave, fractions of a day shall be rounded off to the nearest day i.e., fraction below half should be ignored and

that of half or more should be reckoned as a day.

2 7 . Ea r n e d l e av e f o r p e r s o n s s e r v i n g i n v a c a t io n D e p a r t m e n t . - (1) A Government servant serving in a Vacation Department shall not be

entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.

(2) The earned leave admissible to such a Government servant in respect of any year in which he is prevented from availing himself of the full

vacation is such proportion of 30 days earned leave as the number of days of Vacation not taken bears to the full vacation.

If in any year he does not avail himself of the vacation, earned leave is admissible to him in respect of that year in accordance with the provisions

of rule 25.

(3) Vacation may be taken in combination with or in continuation of any kind of leave under this rule, provided that the total duration of the

vacation and earned leave taken in conjunction, whether the earned leave is taken in combination with or in continuation of other leave or not,

shall not exceed the amount of Earned leave due and admissible to the officer at a time under rule 25:



Provided further that the total duration of vacation, earned leave and commuted leave taken in conjunction shall not exceed 210 days.

If, however, the entire spell of leave or portion thereof is spent elsewhere than in India, Bangladesh, Burma, Ceylon, Bhutan, Nepal and Pakistan,

the maximum limit shall be 240 days subject to the condition that portion spent in India, Burma, Ceylon, Bangladesh, Bhutan, Nepal and Pakistan

s not more than 210 days.

Explanation.- For the purpose of this rule, the term 'Year' shall be construed not as meaning a calendar year in

which duty is performed but as meaning twelve months of actual duty in a vacation Department.

Note.- (1) A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion

of a vacation unless he has been required by general or special orders of a higher authority to forgo such vacation or

portion of a vacation:

Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed

himself of no portion of the vacation.

Note.- (2) When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of

duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period

of actual duty rendered.

2 8 . H a l f p a y l e a v e . - (a) A Government servant shall be entitled to half pay leave of 20 days in respect of each completed year of service.

Note.- Completed year of service means continuous service for one year under the Government of Madhya Pradesh and includes

period spent on duty as well as leave including half pay leave and extra-ordinary leave.

(b) The half pay leave due may be granted to a Government servant on medical certificate or on private affairs.

Such leave on medical certificate shall be given on production of a medical certificate from such medical authority asGovernment may by general or special order prescribe in this behalf and for a period not exceeding that

recommended by the medical authority. Such medical leave shall not be granted unless the authority competent to

sanction leave is satisfied that there is a reasonable probability that the Government servant will be fit to return to

duty on its expiry. Half pay leave on private affairs also shall not be granted unless the authority competent to

sanction leave has reason to believe that the Government servant will return to duty on its expiry or unless it is

included in the grant of leave expressed to be preparatory to retirement.

2 9 . C o mm u t e d l e a v e .- (1) Commuted leave not exceeding half the amount of half pay leave due may be granted on medical certificate only to a

Government servant subject to the following conditions:-

(i) When commuted leave is granted, twice the amount of such leave shall be debited against

the half pay leave due.

(ii) No commuted leave may be granted unless the authority competent to sanction leave has

reason to believe that the Government servant will return to duty on its expiry.

(iii) Commuted leave shall not be granted preparatory to retirement.

(iv) [Deleted.]

( S u b st i t u t e d b y F.D . N o t i f ic a t i on N o . 1 1 8 / 2 3 0 6 / 8 5 / R - 1 / I V d a t ed 1 9 . 3 .8 6 )

[(1-A) Half pay leave up to maximum of 180 days may be allowed to be commuted during entire service (without production of medical certificate)

where such leave is utilised for an approved course of study certified to be in the public interest by the leave sanctioning authority.]


(2) Where a Government servant who has been granted commuted leave resigns from service or at his request permitted to retire voluntarily

without returning to duty, the commuted leave shall be treated as half pay leave and the difference between the leave salary in respect of

commuted leave and half pay leave shall be recovered:

Provided that no such recovery shall be made if the retirement is by reason of ill-health incapacitating the Government servant for further serviceor in the event of his death.

Note.- Commuted leave may be granted at the request of the Government servant even when earned leave is due to him.

3 0 . L e a v e n o t d u e . - (1) Save in the case of leave preparatory to retirement, leave not due may be granted to a Government servant subject to

the following conditions:-

(a) The authority competent to grant leave is satisfied that there is reasonable prospect of the Government

servant returning to duty on its expiry.

(b) Leave not due shall be limited to the half pay leave he is likely to earn thereafter.

(c) Leave not due during the entire service shall be limited to a maximum of 360 days, out of which not



more than 90 days at a time and 180 days in all may be otherwise than on medical certificate.

(d) Leave not due shall be debited against the half pay leave the Government servant may earn

subsequently.

(2) (a) Where a Government servant who has been granted leave not due resigns from service or at his

request permitted to retire voluntarily without returning to duty, the leave not due shall be cancelled, his

resignation or retirement taking effect from the date on which such leave had commenced, and the leave

salary shall be recovered.

(b) Where a Government servant who having availed himself of leave not due returns to duty but resigns or

retires from service before he has earned such leave, he shall be liable to refund the leave salary to the

extent the leave has not been earned subsequently:

Provided that no leave salary shall be recovered under clause (a) or clause (b) if the retirement is by reason of ill-health incapacitating the

Government servant for further service or in the event of his death.

3 1 . Ex t r a o r d i n a r y L e a v e . - (1) Subject to the provisions of rule 11, extraordinary leave may be granted to a Government servant in the following

special circumstances, that is to say-

(Substituted by F.D. Notification No. G-3/1/96/C/IV dated 29.2.96)

(a) when no other kind of leave is admissible, or

(b) When any other kind of leave is admissible but the Government Servant applies in writing for the grant of

extraordinary leave.

(2) The authority competent to grant leave may retrospectively convert periods of absence without leave into extraordinary leave even when anyother kind of leave was admissible at the time when absence without leave commenced.

(3) Extraordinary leave shall not be debited to the leave account.

3 2 . L ea v e t o p r o b a t i o n e r , a p e r s o n o n p r o b a t i o n a n d a n a p p r e n t i ce . - (1) (a) A probationer shall be entitled to leave under these rules if he has

held his post substantively otherwise than on probation.

(b) If, for any reason, it is proposed to terminate the services of a probationer, any leave which may be

granted to him shall not extend-

(i) beyond the date on which the probationary period as already sanctioned or extended

expires, or

(ii) beyond any earlier date on which his services are terminated by the orders of an authority

competent to appoint him.

(2) An apprentice shall be entitled to-

(a) leave, on medical certificate, on leave salary equivalent to half pay for a period not exceeding one month

in any year of apprenticeship;

(b) extra-ordinary leave under rule 31.

3 3 . L e a v e p r e p a r a t o r y t o r e t i r e m e n t . - (1) A Government servant may be permitted by the authority competent to grant leave to take leave

preparatory to retirement to the extent of earned leave due, i.e., [240] days together with half pay leave due, subject to the condition that such

eave extends up to and includes the day preceding the date of retirement.

(Substituted for "180" by F.D. Notification No. 6/1840/87/R-1/IV dated 4.1.88 effective from 1.7.87)

Note.- The leave granted as leave preparatory to retirement shall not include extra-ordinary leave.

(2) (a) Where a Government servant who is on foreign service in or under any local authority or a

corporation or company wholly or substantially owned or controlled by the Government or a body controlled

or financed by the Government (hereinafter referred to as the local body) applies for leave preparatory to

retirement the decision to grant or refuse leave shall be taken by foreign employer with the concurrence of

the lending Authority under the State Government.

(b) In case the leave is so refused to the Government servant in public interest, it may be availed of by him

to the extent admissible under rule 34 from the date of his retirement.

(c) In case the Lending Authority under State Government is not agreeable to the refusal of leave

preparatory to retirement; it shall be granted to the Government servant and if the foreign employer needs

the services of the Government servant during that period, the Government servant may be re-employed by

that employer concurrently with leave preparatory to retirement and leave salary regulated in accordance



with the provision of rule 12.

3 4 . Le a v e b e y o n d t h e d a t e o f r e t i r e m e n t . - (1) Except as provided hereinafter, no leave shall be granted to a Government servant beyond the

date of his retirement.

(2) Where a Government servant has, in sufficient time, before the date of his retirement:-

(a) formally applied for leave due as preparatory to retirement and the leave has been refused in whole or in

part, or

(b) ascertained in writing from the authority competent to grant leave that such leave if applied for would

not be granted,

on account of exigencies of public service, then he may be granted from the date of retirement the amount of earned leave so denied increased by

the amount of earned leave earned by him during the period between the date on which leave preparatory to retirement was to commence and the

date of retirement and decreased by such leave, if any, availed of during the same period, subject to the maximum limit of 120 days:

Provided that a Government servant whose service has been extended in the interest of the public service beyond the date of his retirement, may

be granted earned leave as under:-

(i) during the period of extension, any earned leave due in respect of the period of such extension and, to

the extent necessary, the earned leave which would have been granted to him under the preceding proviso,

had he retired on the date of retirement,

(ii) after expiry of the period of extension:-

(a) the earned leave which could have been granted to him under the precedingproviso, had he retired on the date of retirement, diminished by the amount of such

leave availed of during the period of extension, and

(b) any leave earned during the period of extension as has been formally applied for

as preparatory to final cessation of his duties in sufficient time during the extension

and refused to him on account of the exigencies of the public service, and

(iii) in determining the amount of earned leave due in respect of the extension with reference to rule 25, the

earned leave, if any, admissible under the preceding proviso shall be taken into account.

(3) The grant of leave under this rule except under clause (i) of sub-rule (2) regarded as terminal leave and shall not be construed as extension of

service.

3 5 . Except in respect of the cases covered by rule 18 leave or extension of leave on medical certificate shall not be granted to a Government

servant after the date on which he is pronounced by a medical committee to be completely and permanently incapacitated for further service.

3 6 . L e a v e S a la r y . - (1) A Government servant who proceeds on earned leave is entitled to leave salary equal to the pay drawn immediately before

proceeding on earned leave:

[ Provided that if a Government servant on deputation to foreign service in India or officiating on a higher post, on reversion to his original

post/cadre proceeds on earned leave without joining the post of his reversion, shall be entitled to draw leave salary equal to the pay which he

would have drawn, but for his appointment to higher post, immediately before proceeding on earned leave.]

(Inserted by F.D. Notification No. 579/326/78/ /R-1/IV dated 25.5.78)

Note.- In respect of any period spent on foreign service out of India, the pay which the Government servant would have drawn if

on duty in India, but for foreign service out of India, shall be substituted for the pay actually drawn while calculating leave salary.

(2) A Government servant on half pay leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1).

(3) A Government servant on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule (1).

(4) A Government servant on extra-ordinary leave is not entitled to any leave salary.

(5) In the case of a person to whom the Employees State Insurance Act, 1948 applies, leave salary admissible during leave, other than earned

eave, shall be reduced by the amount of benefit admissible under the said Act for the corresponding period.

(6) (a) If, in the case of a Government servant who retires or resigns from service, the leave already availed

of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary, if

any overdrawn.

(b) Where the quantum of earned leave already availed by a Government servant who is dismissed or

removed from service or who dies while in service is in excess of the leave credited under clause (2) (b) of



rule 26 the over payment of leave salary shall be recovered in such cases.

(7) A Government servant who is granted leave beyond the date of retirement as provided under rule 34, shall be entitled during such leave to

eave salary as admissible under this rule, reduced by the amount of pension and pension equivalent of other retirement benefits.

3 7 . D r a w a l o f l e a v e sa l a r y . - The leave salary payable under these rules shall be drawn in rupees in India.

CHAPTER V - SPECIAL KINDS OF LEAVE OTHER THAN STUDY LEAVE

3 8 . M a t e r n i t y l e a v e . - Maternity leave may be granted to a woman Government servant with less than two surviving children up to a period of

ninety days from the date of its commencement. During such period, she will be entitled to leave salary equal to pay drawn immediately before

proceeding on leave.

(Substituted by F.D.Notification No. G-3/1/96/C/IV dated 29.3.96)

(2) Such leave shall not be debited to the leave account.

(3) Maternity leave may be combined with leave of any other kind.

(4) Maternity leave may be granted in cases of miscarriage including abortion subject to the condition that the leave shall be limited to the period

recommended by the appropriate medical authority subject to a maximum of forty five days during the entire service.

Note - An abortion induced under the Medical Termination of Pregnancy Act, 1971 shall also be considered a case of 'abortion' for

the purpose of this rule.

3 9 . S p e c i a l d i s a b il i t y l e a v e f o r i n j u r y i n t e n t i o n a l l y i n f l i ct e d . - (1) The authority competent to grant leave may grant special disability leave to a

Government servant (whether permanent or temporary) who is disabled by injury intentionally inflicted or caused in, or in consequence of the due

performance of his official duties or in consequence of his official position.

(2) Such leave shall not be granted unless the disability manifested itself within three months of the occurance to which it is attributed and the

person disabled acted with due promptitude in bringing it to notice:

Provided that the authority competent to grant leave may, if it is satisfied as to the cause of the disability, permit leave to be granted in cases

where the disability manifested itself more than three months after the occurance of its cause.

(3) The period of leave granted shall be such as is certified by an Authorised Medical Attendant and shall in no case exceed 24 months.

(4) Special disability leave may be combined with leave of any other kind.

(5) Special disability leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but

not more than 24 months of such leave shall be granted in consequence of any one disability.

(6) Special disability leave shall be counted as duty in calculating service for pension and shall not be debited against the leave account.

(7) Leave salary during such leave shall,-

(a) for the first 120 days of any period of such leave, including a period of such leave granted under sub-

rule (5); be equal to leave to leave salary while on earned leave; and

(b) for the remaining period of any such leave, be equal to leave salary during half pay leave.

(8) In the case of a person to whom the Employees' State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under

this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.

4 0 . S p e ci a l d i s a b i l i t y l e a v e f o r a c c id e n t a l i n j u r y . - (1) The provisions of rule 39 shall apply also to a Government servant, whether permanent or

temporary, who is disabled by injury accidentally incurred in, or in consequence of the due performance of his duties or in consequence of his

official position by illness incurred in the performance of any particular duty, which has the effect of increasing his liability to illness or injury

beyond the ordinary risk attaching to the civil post which he holds.

(2) The grant of special disability leave in such case shall be subject to the further conditions-

(i) that the disability, if due to disease, must be certified by an Authoriesd Medical Attendant to be directly

due to the performance of the particular duty;

(ii) that, if the Government servant has contracted such disability during service otherwise than with an

military force, it must be, in the opinion of the authority competent to sanction leave, exceptional in

character; and



(iii) that the period of absence recommended by an Authorised Medical Attendant may be covered in part, by

leave under this rule and in part by any other kind of leave, and that the amount of special disability leave

granted on leave salary equal to that admissible on earned leave shall not exceed 120 days.

4 0 - A . P o w e r t o g r a n t s p e c i al d i sa b i l i t y l e a v e .- All cases relating to the grant of special disability leave under rules 39 and 40 shall be referred

to [***] the Administrative Department concerned for concurrence.

(The words "Government in Finance Department by" deleted by F. D.Notification No. G-25/29/95/C/IV dated 9.10.95.)

4 1 . P o w e r t o g r a n t l e a v e o t h e r t h a n s p e ci a l d is a b i l i ty l e a v e a n d s t u d y l e a v e . - (1) The administrative department may designate leave

sanctioning authorities for leave other than special disability leave and study leave in respect of Government servants servicing in the department

and may also prescribe the limits upto which and the conditions under which such authorities may sanction leave.


(2) All cases of leave other than those mentioned in sub-rule (1) shall be referred to the administrative department.

CHAPTER VI - STUDY LEAVE

4 2 . Co n d i t i o n s f o r g r a n t o f s t u d y l ea v e . - (1) Subject to the conditions specified in these rules, study leave may be granted to a Government

servant with due regard to the exigencies of public service to enable him to undergo, in or out of India, a special course of study consisting of

higher studies or Specialised training in a professional or a technical subject having a direct and close connection with the sphere of his duty.

(2) Study leave may also be granted:-

(i) for a course of training or study tour in which a Government servant may not attend aregular academic or semi-academic course if the course of training or the study tour is

certified to be of definite advantage to Government from the point of view of public interest

and is related to the sphere of duties of the Government servant; and

(ii) for the purpose of study connected with the frame work or back- ground of public

administration, subject to the conditions that-

(a) the particular study or study tour should be approved by the authority competent to sanction study leave;

and

(b) the Government servant should be required to submit on his return, a full report of the work done by

him while on study leave.

(iii) for the studies which may not be closely or directly connected with the work of the

Government servant, but which are capable of widening his mind in a manner likely to

improve his abilities as a civil servant and to equip him better to collaborate with those

employed in other branches of the public service.

(3) Study leave shall not be granted unless:-

(i) It is certified by the Administrative Department that the proposed course of study or

training shall be of definite advantage from the point of view of public interest;

(ii) It is for prosecution of studies in subjects other than academic or literary subjects, and

(iii) the Economic Affairs Department of the Government of India Ministry of Finance agree to

the release of foreign exchange involved in the grant of study leave, if such leave is out of

India.

[(4) Study leave shall not ordinarily be granted to a Government servant-

(i) who has not been regularised in Government service;

(ii) who has rendered less than 5 years service under the Government; including service in

adhoc capacity;

(iii) who is due to retire or has the option to retire from the Government service within three

years of the date on which he is expected to return to duty after the expiry of the leave.]


(5) Study leave shall not be granted to Government servant with such frequency as to remove him from contact with his regular work or to cause

cadre difficulties owing to his absence on leave.



4 3 . A u t h o r i t i es c o m p e t e n t t o s a n ct i o n s t u d y l e a ve . - (1) Study leave may be granted to a Government servant by the administrative

department:


Provided that where a Government servant borne permanently on the cadre of one department or establishment is serving temporarily in another

department or establishment, the grant of study leave to him shall be subject to the conditions that the concurrence of the department or the

establishment to which he is permanently attached is obtained before the leave is granted.

4 4 . M a x i m u m a m o u n t o f s t u d y l ea v e t h a t m a y b e g r a n t e d a t a t i m e a n d d u r i n g t h e e n t i r e s e r v ic e .- The maximum amount of study leave

which may be granted to a Government servant shall be-

(i) Ordinarily twelve months at any one time which shall not be exceeded save for exceptionalreasons; and

(ii) twenty-four months (inclusive of study leave granted under any other rules) in all during

his entire service.

4 5 . Co m b i n a t io n o f s t u d y l ea v e w i t h l e av e o f o t h e r k i n d s .- (1) Study leave may be combined with other kinds of leave, but in no case shall the

grant of this leave in combination with leave other than extra-ordinary leave involve a total absence of more than twenty eight months from the

regular duties of the Government Servants.

(2) A Government servant granted study leave in combination with any other kind of leave may, if he so desires commence his study before the

end of the other kind of leave but the period of such leave coinciding with the course of study shall not count as study leave.

Note.- The limit of twenty-eight months of absence prescribed in sub-rule (1) includes the period of vacation.

4 6 . R e g u la t i o n o f s t u d y l e a v e e x t e n d in g b e y o n d c o u r s e o f s t u d y . - When the course of study falls short of study leave sanctioned, the

Government servant shall resume duty on the conclusion of the course of study, unless the previous assent of the authority competent to sanction

eave to treat the period of short fall as ordinary leave has been obtained.

4 7 . A dm i s s ib i l i t y o f a l l o w a n c e s in a d d i t i o n t o l e a v e s a la r y . - No allowance of any kind other than the dearness allowance shall be admissible to

a Government servant in respect of the period of study leave granted to him.

4 8 . G r a n t o f t r a v e l l i n g a l lo w a n c e . - A Government servant shall not ordinarily be paid travelling allowance but the Governor may in exceptional

circumstances sanction the payment of such allowance.

4 9 . [ D e l e t e d .]

( D e l e t ed b y F .D .N o t i f ic a t io n N o . G - 3 / 1 / 9 6 / C/ I V d a t e d 2 9 .3 . 9 6 )

5 0 . Ex e c u t io n o f b o n d . - Every Government servant in permanent employ who has been granted study leave or extension of such leave shall be

required to execute a bond as given in Form 6 or Form 7, as the case may be, before the study leave or extension of such leave granted to him,commences. If study leave or extension of such leave is granted to a Government servant not in permanent employ, the bond shall be executed as

given in Form 8 or Form 9 as the case may be.

5 1 . R e s ig n a t i o n a n d r e t i r e m e n t . - (1) If a Government servant resigns or retires from service without returning to duty after a period of study

eave or within a period of three years after such return to duty, he shall be required to refund double the amount of leave salary, cost of fees,

travelling and other expenses, if any, incurred by the State Government only drawn by him for the period of study leave, together with interest

thereon at Government rates for the time being in force on Government loans from the date of demand before his resignation is accepted or

permission to retire is granted:

Provided that the Governor may order-

(a) that nothing in this rule shall apply to a Government servant who on return to duty from study leave is

permitted to retire from service on medical grounds;

(b) that the amount required to be refunded under this rule shall, in case of a Government servant who onreturn to duty from study leave is permitted to resign from the service and take up employment, under a

statutory or autonomous body or in any institution under the control of the Government, be reduced to an

amount equal to the expenditure incurred by the Government in respect of the leave salary, study allowance,

cost of fees and travelling and other expenses sanctioned to him during the period of study leave together

with interest thereon.

(2) The study leave availed of by such a Government servant shall be converted into regular leave standing at his credit on the date on which the

study leave commenced, any regular leave taken in continuation of study leave being suitably adjusted for the purpose and the balance of the

period of study leave, if any, which cannot be so converted, treated as extra-ordinary leave. In addition to the amount to be refunded by the

Government servant under sub-rule (1), he shall be required to refund any excess of leave salary actually drawn over the leave salary admissible

on conversion of the study leave.

(3) Notwithstanding anything contained in this rule, the Governor may, if it is necessary or expedient to do so, either in public interest or having



regard to the peculiar circumstances of the case or class of cases, by order, waive or reduce the amount required to be refunded under sub-rule

(1) by the Government servant concerned or class of Government servants.

5 2 . L e a v e s al a r y d u r i n g t h e s t u d y l e a v e . - (1) During study leave availed outside India, a Government servant shall draw leave salary equal to

the pay (without allowance other than dearness allowance) that the Government servant drew while on duty with Government immediately before

proceeding on such leave.

(2) (a) During study leave availed in India a Government servant shall draw leave salary equal to the pay

(without allowance other than dearness allowance) that the Government servant drew while on duty

immediately before proceeding on such leave.

(b) Payment of leave salary on full rate under clause (a), shall be subject to furnishing of a certificate by the

Government servant to the effect that he is not in receipt of any scholarship, stipend or remuneration inrespect of any part time employment.

(c) The amount, if any, received by a Government servant during the period of study leave as scholarship or

stipend or remuneration in respect of any part-time employment shall be adjusted against the leave salary

payable under this sub-rule subject to the condition that the leave salary shall not be reduced to an amount

less than that payable as leave salary during half pay leave.

5 3 . Co u n t i n g o f s t u d y l e av e f o r p r o m o t i o n , p e n si o n , s en i o r i t y , l e av e a n d i n cr e m e n t s . - Study leave shall count as service for promotion,

pension and seniority. It shall also count as service for increments as provided in rule 26 of the Fundamental Rules.

5 4 . D e b i t i n g o f s t u d y l e a v e t o t h e l e a v e a c co u n t . - Study leave shall not be debited against the leave account of the Government servant

concerned.

5 5 . A p p l i ca t i o n f o r s t u d y l ea v e . - (1) (a) Every application for study leave shall be submitted through proper channel to the authority competent

to grant leave.

(b) The course or courses of study contemplated by the Government servant and any examination which he

proposes to undergo shall be clearly specified in such application.

(2) Where it is not possible for the Government servant to give full details in his application, or if, after leaving India he is to make any change in

the programme which has been approved in India, he shall submit the particulars as soon as possible to the Head of the Mission or the authority

competent to grant leave, as the case may be and shall not, unless prepared to do so at his own risk, commence the course of study or incur any

expenses in connection therewith until he receives the approval of the authority competent to grant the study leave for the course.

CHAPTER VII - MISCELLANEOUS

5 6 . I n t e r p r e t a t io n . - Where any doubt arises as to the interpretation of these rules, it shall be referred to the Government in the Finance

Department for decision.

5 7 . [ D e l e t e d . ]

( D e l e t ed b y F .D . N o t if i ca t i o n N o . G 3 / 1 / 9 5 / C/ I V d a t e d 2 9 .2 . 9 6 .)

5 8 . R e p e a l a n d s a v i n g . - (1) On the commencement of these rules, every rule, regulation or order, including memorandum (hereinafter referred to

n this rule as the old rule) in force immediately before such commencement shall, in so far as it provides for any of the matters contained in these

rules, cease to operate.

(2) Notwithstanding such cesser of operation, anything done or any action taken or any leave earned by, or granted to, or accrued to the credit of,

a Government servant, under the old rule, shall be deemed to have been done, taken earned, granted or accrued under the corresponding

provisions of these rules.

(3) For the purposes of grant of leave under these rules, the powers delegated under the old rules shall continue to apply.



FORM No.1

(See Rule 13)

FORM OF APPLICATION FOR LEAVE

Note- Items 1 to 11 must be filled in by all applicants whether gazetted or non-gazetted. Item 12 may be filled in only when it is applicable to the

Government servant concerned.

1. Name of applicant ..............................................

2. Leave Rules applicable ..............................................

3. Post held ..............................................

4. Department, Office and Section ..............................................

5. Pay ..............................................

6. House rent allowance, conveyance

allowance or other compensatory allowances

drawn in the present post.

..............................................

7. Nature and period of leave applied for and

date from which required.

..............................................

8. Sundays and hol idays, if any, proposed to

be prefixed/suffixed to leave.

..............................................

9. Ground on which leave is appl ied for ... .... .... ................. .... .... ........ ..

10. Date of return from last leave, and the

nature and period of that leave

..............................................

11. Leave address, if granted ..............................................

12. I propose/do not propose to avai l myself of

leave travel concession for the

block years...........during the ensuing

leave.

..............................................

13. Remarks and/or recommendation of the

Controlling Officer.

..............................................

Signature (with date) Designation.

14. Orders of the sanctioning author ity ... .... .... ................. .... .... ........ ..

Signature (with date) Designation.

*If the applicant is drawing any compensatory allowance the sanctioning authority should state whether on the expiry of leave he is likely to return to the same post or

o another post carrying a similar allowance.

FORM 2

FORM OF LEAVE ACCOUNT

(See Rule 14)

Name of Government servant ...................................................... Date of birth ................. Date of commencement of continuous service

........................................ Date of Quasi permanent ................/................. permanent employment .............................. Date of

retirement/resignation.............................

EARNED LEAVE

Particulars of service in the calendar

half-year

Completed

months of service

in the calendar

half-year

E.L. creditedat

the beginning of

half-year

No. of days of Extraordinary leave (Col.33)

availed of during the previous calendar half-

year

E.L. to be deducted

(1/10th of the period in

Col.5)

Total E.L. at

credit in

days

(Col.4+11-6)

From To

(1) (2) (3) (4) (5) (6) (7)

(Half Pay Leave (on private affairs and on medical cerficate ........)

Leave taken Balance of E.L. on return from leave

(Col.7-10)

Length of Service Credit of leave

From To (No of days)

From To No. of completed

years

Leave earned (in

days)

Leave at credit

(Col. 15+ 32)

(8) (9) (10) (11) (12) (13) (14) (15) (16)

Leave taken Leave taken Commuted leave with out Medical Certificate for studies certified Leave



to be in public interest (Limited to 180 days half pay leave taken

against the earning on Half pay Commuted leave on Medical Certificate on

fully pay

converted into 90 days commuted leave in entire service) Commuted

leave

converted

into half

pay leave

twice of

Col. 22

and 22C

From To No. of days From To No. of days From To No. of days

(17) (18) (19) (20) (21) (22) (22A) (22B) (22C) (23)

including commuted leave and leave not due

Leave not dut limited to 360 days in entire

service on Medical Certificate

Otherwise than on Medical Certificate limited

to 180 days

Total of leave not

due (Col.26+29)

Total half pay leave taken

(Col.19+23+30)

Balance of half pay

leave on return from

leave (Col. 16-31)

Other

kinds

of

leave

taken

From To No. of days From To No. of days

(24) (25) (26) (27) (28) (29) (30) (31) (32) (33)

Note 1.- The Earned Leave due should be expressed in days.

Note 2.- When a Government servant is appointed during the course of a particular calendar half-year, E.L. should be credited at the rate of 2

1/2days for each completed Month and the fraction of day will be rounded to the nearest day.

Note 3.- The entries in Col. 6 should be in complete days. Fraction of a day will be rounded to the nearest day., i.e. fraction below half should

be ignored and that of helf or more should be reckoned as day.

Note 4.- Period of extraordinary leave should be noted in red ink.

Note 5.- The entries in Col 12 and 13 should indicate only the beginning and end of completed years of service at the time the half pay leave

commences where a Government servant completes another year of service while on half pay leave the extra credit should be shown in Col. 12

and 16 by making suitable additional entries and this should be taken into account while completing Col. 32.

FORM No. 3

(See rule 17)

MEDICAL CERTIFICATE FOR GOVT. SERVANTS RECOMMENDED LEAVE OR EXTENSION OF LEAVE OR COMMUTATION OF LEAVE

Signature of the Government servant . ..........................................................

,................................................ after careful personal examination of the case hereby certify that Shri/Shrimati/Kumari...........................whose signature is given

above, is suffering from...............and I consider that a period of absence from duty of ................with effect from...............is absolutely necessary for the restoration

of his/her health.

Authorised Medical Attendant,

.............Hospital/Dispensary

or other Registered Medical

Practitioner.

Dated.....

Note (1).- The nature and probable duration of the illness should be specified.

Note (2).-This Form sould be adhered to as closely as possible and should be filled in after the signature of the Government servant has been taken. The certifying

officer is not at liberty to certify that the Government servant requires a change from or to a particular locality, or that he is not fit to proceed to a particular locality.

Such certificates should only be given at the explicit desire of the administrative authority concerned, to whom it is open to decide, when an application on such

grounds has been made to him, whether the applicant should go before a Civil Surgeon or Staff Surgeon to decide the question of his/her fitness for service.

Note (3).- Should a second medical opinion be required, the authority competent to grant leave should arrange for the second medical examination to be made at the

earliest possible date by a medical officer not below the rank of a Civil Surgeon or Staff Surgeon who shall express an opinion both as regards the facts of the illness

and as regards the necessity for the amount of leave recommended and for this purpose he may either require the Government servant to appear before himself or

before a medical officer nominated by himself.

Note (4).- No recommendation contained in this certificate shall be evidence of a claim to any leave not admissible to the Government Servant.

FORM 4

[See rule 23(3)]

MEDICAL CERTIFICATE OF FITNESS TO RETURN TO DUTY

Signature of Government servant ..........................................................



,............................................

Authorised Medical Attendant of

................................................

Registered medical Practitioner.

Do hereby certify that I have carefully examined Shri/Shrimati/Kumari ............................................. whose signature is given above, and find that he/she has

recovered from his/her illness and is now fit to resume duties in Government service. I also certify that before arriving at this decision, I have examined the original

medical certificate (s) and statement (s) of the case (or certified copies thereof) on which leave was granted or extended and have taken these into consideration in

arriving at my decision.

Authorised Medical Attendant of

................................................

Registered medical Practitioner.

Dated.......................

Note- The original medical certificate (s) and statement (s) of the case on which the leave was originally granted or extended shall be produced before the authority

required to issue the above certificate. For this purpose, the original certificate (s) and statement (s) of the case should be prepared in duplicate, one copy being

retained by the Government servant concerned.

FORM 5

(Deleted)

Vide F.D. Notification No.G- 3/1/96/C/IV.dated 29 3 96]

FORM No. 6

(See rule 50)

BOND TO BE EXECUTED BY A GOVERNMET SERVANT IN PERMANENT EMPLOY WHEN PROCEEDING ON STUDY LEAVE

KNOW ALL MEN BY THESE PRESENTS THAT I ............................. resident of .......... in the District of .................... at present employed as..................... in the

Department/office of ...................... do hereby bind myself and my heirs, executors and administrators to pay to the Governor of Madhya Pradesh (hereinafter called

the Government") on demand the sum of Rs.................(Rupees...............) together with interest thereon from the date of demand at Government rates for the time

being in force on Government loans, or, if payment is made in a country other than India, the equivalent of the said amount in the currency of that country converted

at the official rate of exchange between that country and India AND TOGETHER with all costs between attorney and client and all charges, and expenses that shall or

may have been incurred by the Government.

Signed and dated this................day of ...................one thousand nine hundred and..............signature..................

Witness (1)..................................................................

(2)..................................................................

WHEREAS I..........................am granted study leave by Government.

AND WHEREAS for the better protection of the Government I have agreed to execute this bond with such condition as hereunder is written.

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of my failing to resume duty, or resigning or retiring from service orotherwise quitting service, without returning to duty after the expiry or termination of the period of study leave or at any time within a period of three years after my

return to duty I shall forthwith pay to the Government or as may be directed by the Government on demand the said sum of Rs................. (Rupees...............)

ogether with interest thereon from the date of demand at Government rates for the t ime being in force on Government loans. In the case of the breach of the

conditions of this bond. The amount mentioned above shall be recovered as arrears of Land revenue.

AND upon my making such payment the above written obligation shall be void and of no effect, otherwise it shall be and remain in full force and virtue.

The Government of Madhya Pradesh have agreed to bear the stamp duty payable on this bond

Signed and delivered by................in the presence of.................

Witness (1).............................

Accpted

for and on behalf of the Governor of

Madhya Pradesh

leave rules - view

Documents